Ranjan Gogoi, J.

1. The writ Petitioner, Sri Raj Kumar Manta, who belongs to the Lalung Community which is a recognized Scheduled Tribe (Plains) in the State of Assam, complains of non-consideration of his case for promotion to the post of Executive Engineer in the Electrical Wing of the Public Works Department of the State. The consideration, which the writ Petitioner seeks to enforce by means of the present writ application is contended to be one under the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and the Rules framed there under (hereinafter referred to as the Reservation Act and the Rules).

2. The facts in brief maybe noticed at the outset.

The Petitioner was initially appointed as an Assistant Engineer (Electrical) in the Public Works Department on 28.9.1989. On 3.7.1997 he was promoted to the post of Assistant Executive Engineer and in the gradation list of Officers in the rank of Assistant Executive Engineer, as published on 7.10.2002, the name of the Petitioner appeared at serial No. 14. The Petitioner, incidentally, is the only Officer belonging to the Scheduled Tribe (Plains) in the afores